Abortions are now legal in North Dakota after the state Supreme Court ruled its near-total abortion ban was unconstitutionally vague.
The ruling came as part of a lawsuit filed by physicians that asked the court to strike down the ban in its entirety. A North Dakota South Central Judicial District Court judge granted that request Thursday.
At least 21 states currently have bans or restrictions in place on abortion care. Of those states, 13 states have ceased nearly all abortion services and four states prohibit abortions after six weeks of pregnancy, before most women know they are pregnant.
Abortion is currently illegal in South Dakota.
Plaintiffs argued the ban was unconstitutionally vague and made it impossible to interpret the language surrounding when abortions are allowed under medical exceptions, according to the Center for Reproductive Rights, which filed the lawsuit.
In this Aug. 5, 2022, file photo, an abortion clinic, that for nearly 25 years operated on a busy street in downtown Fargo, N.D., is moving to this commercial building in an industrial area in neighboring Moorhead, Minn. The new clinic is located about 2 miles from the Fargo facility, which will be forced to shut down because of the U.S. Supreme Court ruling outlawing Roe v. Wade.
Dave Kolpack/AP, FILE
Physicians who violate the ban could be found guilty of a class C felony, punishable with up to five years of imprisonment, a $10,000 fine or both.
The court also found pregnant women have a fundamental right to choose an abortion before viability under the state constitution.
“The North Dakota Constitution guarantees each individual, including women, the fundamental right to make medical judgments affecting his or her bodily integrity, health, and autonomy, in consultation with a chosen health care provider free from government interference,” Judge Bruce Romanick wrote in the opinion.
In a significant victory for reproductive rights advocates, a recent court ruling has allowed for the resumption of abortions in North Dakota following an unconstitutional ban. The ban, which was passed by the state legislature earlier this year, sought to prohibit all abortions after six weeks of pregnancy, effectively banning the procedure for most women in the state.
The ban was immediately challenged by several organizations, including the Center for Reproductive Rights and the American Civil Liberties Union, who argued that it violated the landmark Supreme Court decision in Roe v. Wade, which established a woman’s constitutional right to choose to have an abortion. The ban was also criticized for its lack of exceptions for cases of rape, incest, or fetal abnormalities.
In a scathing ruling, Judge Daniel Hovland of the U.S. District Court for the District of North Dakota declared the ban unconstitutional and issued a preliminary injunction blocking its enforcement. In his decision, Judge Hovland wrote that the ban “cannot withstand a constitutional challenge” and that it “clearly violates the fundamental right of women to make their own reproductive choices.”
The ruling was met with relief and celebration by reproductive rights advocates, who had feared that the ban would severely restrict access to abortion in North Dakota and force women to seek unsafe and illegal alternatives. “This is a major victory for women in North Dakota and across the country,” said Nancy Northup, president and CEO of the Center for Reproductive Rights. “It sends a clear message that politicians cannot play politics with women’s lives and bodies.”
The resumption of abortions in North Dakota is a crucial step towards ensuring that women have access to safe and legal reproductive healthcare. Abortion is a deeply personal decision that should be made by a woman in consultation with her healthcare provider, free from government interference. The court ruling reaffirms the importance of protecting women’s reproductive rights and upholding the principles of bodily autonomy and self-determination.
While the fight for reproductive rights is far from over, the court ruling in North Dakota is a significant victory that sets an important precedent for other states considering similar bans. It serves as a reminder that the right to choose is a fundamental human right that must be protected and upheld for all women.
